Signing before the notary does not yet transfer ownership of a property. Between notarization and the final entry in the land register, several legally prescribed steps take place over a period ranging from weeks to months. We map out the entire process for you as a timeline – from the first draft contract through priority notice, maturity and purchase price payment to the transfer of registration – and place each step in the correct position.
Why the Transfer of Ownership Takes Place in Stages
A property purchase is not a single act, but a chain of successive steps. The reason lies in German law: The purchase agreement initially obliges the seller and buyer only under the law of obligations – the actual transfer of ownership is a separate, property-law transaction. The buyer becomes the owner only upon entry in the land register, not upon signing.
Two things are mandatory. First, the purchase agreement must be notarized (§ 311b BGB); without a notary, it is invalid. Second, the so-called conveyance is required for the transfer of ownership – the agreement declared before a notary by the seller and buyer regarding the transfer of ownership, which both must make while present at the same time (§ 925 BGB). This separation protects both sides: The seller does not relinquish ownership until they have their money securely, and the buyer does not pay until their subsequent acquisition of ownership is secured.
The Process as a Timeline: Step by Step
The following steps take place in a fixed order. We arrange them chronologically – from the first draft to the transfer of registration.
Step 1: Draft Contract Prepared by the Notary
Once the seller and buyer have agreed on the price and conditions, one party – usually the buyer – commissions a notary. Based on the agreements and the land register data, the notary prepares a draft contract and sends it to both parties. If at least one party is a consumer, the draft should generally be available two weeks before the notarization appointment, so that there is sufficient time for review (§ 17 BeurkG). Use this period to raise any outstanding issues.
Step 2: Notarization at the Notary Appointment
At the notary appointment, the notary reads the The purchase agreement is read out in full, explains its legal implications, and answers questions. Both parties then sign. Upon notarization, the purchase agreement becomes legally effective – the reciprocal obligations are now established. The conveyance is often also declared in the same agreement; however, the notary may not submit it to the land registry office until the purchase price has been paid in full.
Step 3: Registration of the Priority Notice of Conveyance
Immediately after notarization, the notary arranges for a priority notice of conveyance to be entered in Section II of the land register. It secures the buyer’s claim to the subsequent transfer of ownership: dispositions the seller makes over the property thereafter – such as a second sale or a new encumbrance – are ineffective insofar as they would impair this claim (§ 883 BGB). It usually takes two to four weeks for the land registry office to register the priority notice. Only once it has been registered is the buyer sufficiently protected to make payment.
Step 4: The Notary Obtains the Conditions for Maturity
At the same time, the notary ensures that all conditions for a secure purchase price payment are met. These typically include:
- the registered priority notice of conveyance in favor of the buyer
- cancellation authorizations for the seller’s existing land charges or mortgages, so that the buyer receives the property free of encumbrances
- the municipality’s waiver of its statutory right of first refusal, usually in the form of a negative certificate
The municipality may exercise its right of first refusal only within three months after being notified of the purchase agreement (§ 28 BauGB). If it waives this right earlier, the process is faster – this step often determines how long it takes for the purchase price to become due.
Step 5: Notice of Maturity and Purchase Price Payment
Once all conditions have been met, the notary informs the buyer in writing that the purchase price is now due – the so-called notice of maturity. Depending on the agreement, the buyer typically has around ten to fourteen days from receipt of this notice to transfer the amount. Today, payment is generally made directly into an account of the seller; a notary escrow account as an intermediary has become the exception and is now customary only where there is a particular need for security.
Step 6: Transfer of Possession – Benefits and Burdens Change
The purchase agreement specifies a date for the transfer of possession, benefits and encumbrances, which is usually linked to full payment of the purchase price. From this point on, the buyer may use the property, but also bears the ongoing costs and the risk of accidental damage (Section 446 of the German Civil Code). In practice, this is when the keys are handed over – ideally with a handover record including meter readings. Important: Even now, the buyer is not yet the owner in the legal sense.
Step 7: Real Estate Transfer Tax, Conveyance and Registration
After notarization, the notary reports the purchase to the tax office, which issues the real estate transfer tax assessment – usually several weeks later. Depending on the federal state, the tax rate is between 3.5 and 6.5 percent of the purchase price. Only once the buyer has paid the tax does the tax office issue the clearance certificate. Without this document, the land registry office may not register the buyer as the owner (Section 22 of the Real Estate Transfer Tax Act).
Once the clearance certificate, payment of the purchase price and conveyance are in place, the notary applies for registration of the change of ownership. The land registry office registers the buyer as the new owner – and only with this registration is the transfer of ownership completed. This is where the timeline ends.
How long does the entire process take?
You should expect approximately three to six months from notarization to final registration. As a rough guide:
- Priority notice of conveyance: approximately two to four weeks after the notary appointment
- Due date and payment of the purchase price: usually four to six weeks after notarization, depending on releases and pre-emption rights
- Real estate transfer tax assessment: often six to eight weeks after notarization
- Registration of the change of ownership: frequently six to eight weeks; considerably longer in heavily overburdened land registry offices
The actual duration varies considerably by region – processing times of several months are not uncommon in overburdened districts. Neither you nor the notary has any direct influence over the authorities’ speed.
Advantages and disadvantages of the multi-stage process
The fact that the transfer of ownership takes place over several stages has a good reason – but it also brings disadvantages:
- Advantage – security for the buyer: The priority notice of conveyance protects against a double sale and subsequent encumbrance even before the buyer pays.
- Advantage – security for the seller: Ownership is only transferred when the The purchase price has been paid in full.
- Advantage – clear coordination: The notary manages the process neutrally and monitors the deadlines for both parties.
- Disadvantage – time required: Months pass between signing and registration of ownership; an immediate change of ownership is not possible.
- Disadvantage – dependence on third parties: The municipality, tax office and land registry office also influence the pace.
- Disadvantage – interim phase: Between the transfer of possession and registration, the buyer is already using the property but is not yet its owner.
FAQ on the property sale process
When will I become the owner of the property?
Legally, only when you are registered as the owner in the land register—not when you sign at the notary and not when you pay the purchase price. Until the registration is completed, the priority notice of conveyance secures your claim.
What is the difference between conveyance and the priority notice of conveyance?
The conveyance is the notarized agreement between the seller and buyer on the transfer of ownership itself (Section 925 of the German Civil Code). The priority notice of conveyance, on the other hand, is only a provisional protective entry in the land register that protects your claim until the actual registration takes place.
When do I have to pay the purchase price?
Only after the notary’s written notice of maturity. This is issued once all requirements have been met—above all, the registered priority notice, the deletion of existing encumbrances and the municipality’s waiver of its pre-emption right. Never pay beforehand.
When may I move into the property?
On the contractually agreed transfer of possession, which is usually linked to full payment of the purchase price. At that point, benefits and burdens also pass to you (Section 446 of the German Civil Code). Registration in the land register follows only later.
Why does registration in the land register take so long?
Several authorities must be involved before registration: The tax office issues the real estate transfer tax assessment and, after payment, the tax clearance certificate (Section 22 of the Real Estate Transfer Tax Act); the municipality declares its waiver of its pre-emption right; and the land registry office itself has varying processing times depending on its workload.
Conclusion: The path to ownership can be planned
The property sale follows a fixed sequence: draft contract, notarization, priority notice, maturity, payment of the purchase price, Transfer of possession and finally the registration in the land register. Each step builds on the previous one and protects buyers and sellers equally. Anyone familiar with this timeline can plan the process realistically and knows at every point what comes next. For detailed questions about your specific case, the notarizing notary is your most important contact – they manage the entire process and monitor all deadlines.